8 August 2016, Other
The complainant has requested information relating to sea and river depth data from Great Yarmouth Port Authority (the GYPA). The GYPA stated that it was not a public authority for the purposes of the Regulations. It also clarified that it did not consider that it held the majority of the information requested, and that, if it was a public authority, it considered that exceptions may be applicable but had not considered this point fully as it did not consider this was the case. The Commissioner’s decision is that the GYPA is a public authority for the purposes of the Regulations. The Commissioner has however refrained from making a decision on the application of the exceptions at this point and requires the GYPA to now consider the requests and the information it holds and respond to the complainant in accordance with its obligations under the EIR. The Commissioner requires the public authority to reconsider the request and respond to the complainant in accordance with its obligations under the EIR.
EIR 2(2)(c): Upheld